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Courthouse Reopening - Bryan County

5/20/2020

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We've been a little behind, because as the courthouses begin opening up, it ramps up our business as we work to get caught up on two months of backlog in court appearances, etc.

The Bryan County Courthouse reopened to the public on Monday, May 18, with significant restrictions, summarized in Judge Campbell's May 15 Administrative Order, AO-2020-42.  Per the Order, entry is limited to county employees, judges and their staffs, those "having business" with the Court Clerk or the Election Board, attorneys and their staffs, abstractors and their staffs, bondsmen, law enforcement officers, employees of the Crisis Control Center, parties or witnesses to a case, and "those covered by Marsy's Law" (Okla.Const. art. 2, § 34, which grants a right to be present at criminal proceedings to crime victims, their attorneys or "other lawful representative[s]").  This means that family members, significant others, and friends who want to appear with someone for moral support may not attend court at this time.

Anyone entering the courthouse will have their temperature taken at the entry, and refused entry if their temperature is above 100.3 degrees. No more than 5 litigants (non-attorneys/court staff) are permitted at one time in the second floor courtroom, and no more than 10 in the third floor courtroom.

Much of the rest of the order deals with what is "encouraged" but not required (facemasks, gloves, hand washing, etc), but one matter that needs to be noted is illness. Simply claiming illness will not get anyone excused from a court appearance.  Any party claiming to be too ill to appear must submit written proof from a medical provider that they should be excused - failure to appear without that proof can result in an adverse ruling in a civil case, or a bench warrant in a criminal case.

As we have repeatedly noted, if you have an attorney we strongly encourage you to reach out to that attorney well in advance of your hearing date to find out if you are required to attend court, and to find out how you may be excused from appearing if you are uncomfortable doing so.  If you do not have an attorney, you should probably get one - failing that, you can call the judge's office or the court clerk, but be aware that they are not attorneys and will not be advocating on your behalf with the judge.

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Motion Docket May 5 Rescheduled

5/5/2020

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Even the Cinco de Mayo Motion Docket isn't immune to COVID-19 rescheduling. Yesterday, Judge Campbell issued AO-2020-33, which reschedules the May 5 Motion Docket to June 16, 2020. Thus, if your case was set at 9:30 AM or 1:30 PM on May 5, then it is moved to the same time on June 16.  For criminal defendants, this ONLY applies to defendants NOT in custody - defendants in custody will still have their cases heard by video on May 5.  Note that the Bryan County Courthouse remains closed, so no spectators will be allowed to attend.

As we have repeatedly recommended, you should contact your lawyer if you have one and confirm your new court date.  ONLY if you don't have a lawyer should you contact the Court Clerk or the judge's staff to confirm your court date.

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New Eviction Procedural Requirements

5/2/2020

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On May 1, the Oklahoma Supreme Court issued SCAD-2020-38, which implements new temporary procedures to meet the eviction protections for tenants (from their landlords) and homeowners (from their lenders) provided under § 4024 of the Coronavirus Aid, Relief, and Economic Security Act (otherwise known as the CARES Act), Public Law 116-136. Under that Act, certain tenants and property owners cannot be evicted between March 27 and August 23, 2020.  A good summary of the protections of the CARES Act from the Congressional Research Service  can be found here.

In order to protect tenants and property owners, the Supreme Court is requiring anyone seeking an eviction, retroactive to March 27, to file an affidavit that states whether the property falls under the protections of the CARES Act. This would include landlords filing pro se actions in small claims (without a lawyer).  If you're a landlord, and you've filed an action between March 27 and May 1, you will be required to file the Affidavit.  If you're just now filing one going forward, then you will be required to submit the Affidavit along with your other documents.

Interestingly, this appears to be the first COVID-19 administrative order which has not been unanimous.  Oklahoma's two newest justices both dissented.  Justice Kane, appointed by Governor Stitt in September, concurred in part and dissented in part, but with no explanation, thus leaving it unclear exactly what part of the Order he dissented from.  Justice Rowe, appointed by Governor Stitt in November, dissented, arguing that it was unfair to make landlords figure out if they could legally evict someone before they filed an eviction.  

If you are a landlord or a mortgage holder, it is clearly in your best interest to at least talk to an attorney before filing an eviction during the duration of this emergency period.  Relying on court clerks, deputy sheriffs, or your random Facebook friend for legal advice is not likely to be useful when you finally get your day in court.  Otherwise, you may be disappointed in your results.
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Court Proceedings Prepare to Resume

5/2/2020

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The Oklahoma Supreme Court and Court of Criminal Appeals issued their Third Emergency Joint Order on April 29, 2020, SCAD-2020-36, which sets a timeline for courts to reopen, generally beginning May 16 (which is a Saturday, so don't get excited about going to court on May 16).  Notable provisions of the Order include:
1)  According to ¶¶ 5-9, all deadlines that were to be running through the period from March 16-May 15 are tolled - this means that time does NOT count for any purpose.  Any deadline that began running prior to March 16 will resume AT THE POINT IT STOPPED RUNNING on May 16.  Any deadline that began during that period will begin running May 16.  Paragraph 9 provides that in the event these deadlines pose a hardship, parties are directed to seek relief from the court that they are before, and those requests "should be generously granted."
2)  Paragraph 10 allows "all civil and criminal non-jury hearings" to be set after May 16.  
3)  Per ¶ 12, local county officials continue to have control of access to the courthouse, and the conditions for access (such as mask or glove requirements). Before you go to the courthouse, you should call and check to make sure you can comply with those requirements.
4)  Paragraph 13 continues the ban on individuals with symptoms from entering court facilities.
5)  Paragraph 14 limits the number of people who may be in a courtroom "or other area" to 10 at a time; this is to continue "until public and health officials expand this number  to 50 or more."
6) Jury trials are not to be held in any matter before July 31, per ¶ 3.
If you have questions about how this affects your particular case, you should call your attorney if you have one.  It is doubtful that court staff or court clerks will be able to help you meaningfully, especially in interpreting deadlines, etc.


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